Terms of Use

Last Updated: July 21, 2026

You may engage with Lucky Strike Entertainment Corporation and its brands, subsidiaries, and affiliates (collectively, “Company” or “we,” “our,” or “us”) through our online websites and applications, or when you visit one of our locations. By visiting any page on this website, you hereby agree to be bound by the following Terms of Use (“Terms”). Our Company brands include Lucky Strike, Bowlero, AMF, Boomers, and the Professional Bowlers Association, among others.

Our “Services” include access to our locations and the entertainment offerings provided therein, access to our various websites, including www.luckystrikeent.com, our mobile apps, and the other products or programs offered or owned by the Company. Our “Platform” is made up of www.luckystrikeent.com and all related websites, mobile apps, products, services or programs offered by us. Please review these Terms carefully.

If you do not agree to these Terms of Use, you are instructed not to use our website, platforms, applications, or Services.

PLEASE BE AWARE THAT THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW DISPUTES WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY THE COMPANY IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, the Company will make a new copy of the Terms of Use available at the website and any new Supplemental Terms will be made available from within, or through, the affected Service on the website. We will also update the “Last Updated” date at the top of the Terms of Use. If you do not agree to any change(s) after such change(s) have been made, you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

DESCRIPTION OF WEBSITE SERVICES

The Company offers a range of online resources, including communication tools, forums, and special content. Any new features or services, unless stated otherwise, are subject to these Terms. We may change, add, or remove features or services at any time without notice.

Content on our Platform is for informational purposes only and is not a substitute for professional advice. The Company does not endorse or guarantee any specific products services, or information mentioned. Reliance on the Platform’s content is at your own risk.

Our Platforms aim to provide helpful information about the Company and its offerings. They are not intended for children under 13, which is the standard minimum age in the United States, unless a higher minimum age applies under state law (for example, in California). The Company does not knowingly collect personal data from anyone below the applicable minimum age. For details, see our Privacy Policy.

The websites serve audiences in the U.S., Canada, and Mexico. The Company is responsible for its own content, excluding third-party, user-uploaded, or externally linked content.

INTELLECTUAL PROPERTY OWNERSHIP; LICENSE

The content on our Platform, including but not limited to organization, graphics, text, images, audio, videos, designs, programming (both client-side and server-side code), trademarks, logos, domain names, and other materials (collectively “Content”), is protected by copyrights and other intellectual property rights owned by the Company or its licensors. Except as expressly stated in these Terms or granted in writing by the Company, you are not granted any rights to the Content. The Company reserves all intellectual property rights not granted to you.

“Intellectual Property Rights” include patents, copyrights, trade secrets, trademarks, domain names, and all other intangible property rights, whether existing now or in the future. You are prohibited from using, copying, modifying, distributing, displaying, or exploiting the Content in any way, unless explicitly allowed in these Terms. Any unauthorized actions such as storing, reproducing, altering, or sublicensing the Content are strictly prohibited.

Subject to compliance with these Terms, the Company grants you a limited, non-exclusive, non-commercial, revocable license to access, view, and display a single copy of the Content for personal use only. This license does not permit you to reverse-engineer, copy, modify, or redistribute the Content or any associated code, nor to interfere with the security of the websites. Commercial or promotional use of the Content is prohibited.

LINKS TO OTHER WEBSITES

Our Platform may contain hyperlinks to other websites (“Other Sites”). If you use the hyperlinks to access these Other Sites, you will leave our Platform and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than the Platform. The Company is not responsible for the content of any Other Site and makes no guarantees regarding their legality, accuracy, reliability, or quality. Links to Other Sites are provided solely for convenience and do not imply endorsement by the Company. You use these websites at your own risk and assume all liability.

OUR LINKING POLICY

Any website that links to our Platform must: (a) not frame or create a border around any Content; (b) link to, but not replicate or display the Content; (c) not imply endorsement by the Company without prior written consent; (d) not present false or misleading information about the Company or its offerings; (e) not use the Company’s trademarks without written permission; and (f) not include content that is defamatory, obscene, harassing, infringes on third-party intellectual property rights, or promotes or facilitates illegal activity. By linking to our Platform, you agree to follow these requirements. The Company reserves the right to deny any link to the websites at its discretion.

Notwithstanding the foregoing, the following uses are expressly permitted without written consent, provided they otherwise comply with subsections (a) through (f) above:

Social Media Sharing. Sharing links to our Platform on personal or organizational social media accounts, including through standard share functions, embedded posts, and similar features, for non-commercial or ordinary promotional purposes.
Press and Editorial Coverage. Linking to the Platform in connection with news reporting, editorial commentary, reviews, research, or other journalistic or educational uses, including by bloggers and independent media, provided that any references to the Company and its offerings are accurate and not misleading.
Approved Affiliate Partnerships. Linking to the Platform pursuant to a written affiliate, referral, or partnership agreement with the Company, in accordance with the terms, brand guidelines, and linking specifications provided by the Company under such agreement.

ACCEPTABLE USE

You agree not to use our Platform to:

Upload, post, or share content that is false, harmful, illegal, offensive, or infringes on the rights of others (e.g., copyright, trademark, or privacy).
Post viruses, malware, or anything that disrupts the website or other users’ experience.
Use misleading identifiers or forge transmission headers to hide the origin of content.
Send unsolicited advertisements, junk mail, or spam.
Promote or engage in illegal activities or conduct that harms others.
Impersonate others or misrepresent your affiliation.
Disrupt user interactions or negatively affect the website’s operation.
Harass, stalk, or harm other users.
Access another user’s account or data without permission.
Collect personal information about other users.
Copy, scrape, or duplicate website content without permission.
Post links, advertisements, or solicitations for business.
Modify or delete other users’ posts.

You also agree not to reuse, copy, sell, modify, distribute, or create derivative works from our Platform’s content without written consent from the Company. By uploading information, you confirm compliance with this policy.

USER ACCOUNTS, ADDITIONAL TERMS, AND END USER LICENSE AGREEMENTS

Registration may be required to access certain parts of the Platform (e.g., email, newsletters, alerts). Some services may be subject to additional terms or end user license agreements. If there’s a conflict between these Terms and those agreements, the end user license agreement will take precedence unless stated otherwise. If no additional terms apply, these Terms will govern.

Your registration data is subject to the Platform’s Privacy Policy. Please review it for details on how your information will be handled.

By providing information, you agree to provide accurate, current, and complete details. If you create an account, you are responsible for all activities under your account or password and must not transfer or allow others to use your account. You are also responsible for keeping your password secure and limiting access to your device to prevent unauthorized use of your account.

PROMOTIONS

The Platform may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest or promotion.

COPYRIGHTS AND COPYRIGHT AGENTS

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact the complaining party;
a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright infringement claims, contact Lucky Strike’s copyright agent at:

By email:

[email protected]

By Mail:

Lucky Strike Entertainment Corporation

7313 Bell Creek Rd.

Mechanicsville, Virginia 23111

NOTE: This contact information is for inquiries regarding potential copyright infringement only.

We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

THIRD PARTY CONTENT AND INFORMATION

Our Platform offers content for your convenience and enjoyment, some of which may come from third parties. Be aware that the content could contain errors, outdated information, or inaccuracies and may be subject to additional terms from third parties. We make no guarantees regarding the legality, accuracy, reliability, or completeness of the content and are not liable for any issues related to it.

Third parties may offer Services, or materials on our Platform. Any dealings with these third parties, including payments and product delivery, are solely between you and them. We, including our affiliates and representatives, are not responsible for any loss or damage arising from these interactions. Descriptions of Services, or publications on the website do not imply endorsement or guarantee of their quality.

INFORMATION YOU SUBMIT

Our Platform may allow you and others to upload or submit content such as text, images, videos, and more (“User Upload Information”). This can include forums, blogs, or other interactive areas (“User Forums”). The Company does not endorse, guarantee, or take responsibility for any content posted in these areas. We reserve the right to edit or remove any User Upload Information at our discretion and may suspend or terminate your access if your content violates these Terms.

You are solely responsible for your User Upload Information. If you post personal information publicly, you may receive unsolicited messages, and we are not responsible for its security or loss. We disclaim all liability for any issues arising from your User Upload Information, including inaccuracies, loss, or destruction.

By uploading content, you warrant that you have the necessary rights to submit it, and that it complies with these Terms and applicable laws. You are responsible for any claims or damages resulting from breaches of these warranties.

Unless stated otherwise in the Privacy Policy, User Upload Information is treated as non-confidential and non-proprietary. By uploading, you grant the Company a perpetual, worldwide, royalty-free, transferable license to use, modify, distribute, and exploit the content in any form for any purpose, including commercial purposes, without compensation to you. You waive any moral rights to the content.

The Company is not obligated to use any User Upload Information but may choose to discard or limit access to it. While we do not pre-screen uploads, we have the right to remove or block content at our discretion. You are responsible for evaluating and bearing the risks of using any User Upload Information, including potential legal exposure for questionable content.

OTHER IMPORTANT LEGAL TERMS

The provisions in our Terms have legal importance and may be used by us in a legal proceeding, including to restrict certain claims by you or to limit your rights.

Specifically:

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR RELATE TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES OR ANY VISIT TO OUR CENTER, INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO BODILY INJURY, ILLNESS, OR PROPERTY DAMAGE; SERVICE INTERRUPTIONS OR EQUIPMENT MALFUNCTIONS; CANCELLED OR RESCHEDULED RESERVATIONS, LEAGUES, OR EVENTS; BILLING OR REFUND DISPUTES; OR THE CONDUCT OF ANY GUEST OR THIRD PARTY, THE POSSIBILITY OF SUCH DAMAGES, AND THE MAXIMUM AMOUNT OF DAMAGES FOR WHICH WE WILL BE LIABLE UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (ii) ONE HUNDRED DOLLARS ($100). (BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, THREATENING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF OUR SERVICES.
You agree to indemnify, defend, and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your provision of any inaccurate or unauthorized personal information to us or your violation of this Agreement or any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
Choice of Law. This Agreement will be governed by and construed in accordance with the laws of the State of Virginia without giving effect to any principles of conflicts of law.
Statute of Limitations for All Claims. To the extent permitted by applicable law, you agree that regardless of any statute or law to the contrary or providing for a longer period, any claim or cause of action that you may have arising out of or related to use of the Services or this Agreement must be filed by you within one year after such claim or cause of action arose or be forever barred.
General
1. Severability; Assignment. If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, such term, condition or provision shall be eliminated or limited to the minimum extent such that the remaining terms, conditions and provisions shall continue to be valid to the fullest extent permitted by law. These Terms are not assignable, transferable, or sublicensable by you except with Company’s prior written consent.
2. Waiver. The failure of Company to enforce at any time the terms and conditions of these Terms, or the failure of Company at any time to require your performance of any of the terms and conditions of these Terms, will not be construed to be a present or future waiver of these Terms, nor in any way affect Company’s ability to enforce these Terms. No waiver by Company of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Dispute Resolution

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with company parties and limits the manner in which you can seek relief from the Company Parties.

Applicability of Arbitration Agreement.
You agree that any dispute between you and any of the Company Parties relating in any way to the Services or this Agreement, will be resolved by binding arbitration, rather than in court, except that (1) you and the Company Parties may assert individualized claims in small claims court if the claims qualify, remain in such court and advance solely on an individual, non-class basis; and (2) you or the Company Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall survive the expiration or termination of this Agreement and shall apply, without limitation, to all claims that arose or were asserted before the Term start date or any prior version of this Agreement. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against the Company Parties on your behalf. For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as claims that may arise after the termination of this Agreement.
Informal Dispute Resolution.
There might be instances when a Dispute arises between you and Company. If that occurs, Company is committed to working with you to reach a reasonable resolution. You and Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Company therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Company that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to: [email protected]. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
Arbitration Rules and Forum.
This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Conference described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Company agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution Conference as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Unless you and Company otherwise agree, or the Batch Arbitration process is triggered, the arbitration will be conducted in the county where you reside. Subject to the JAMS Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Rules.

You and Company agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
Authority of Arbitrator
The arbitrator shall have exclusive authority to resolve all disputes subject to arbitration hereunder including, without limitation, any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class or Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class or Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
Waiver of Jury Trial.
EXCEPT AS SPECIFIED IN THE SUBSECTION TITLED “APPLICABILITY OF ARBITRATION AGREEMENT”, YOU AND THE COMPANY PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company Parties are instead electing that all covered claims and disputes shall be resolved exclusively by arbitration under this Arbitration Agreement, except as specified in the subsection titled “Applicability of Arbitration Agreement” above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief.
YOU AND COMPANY AGREE THAT, EXCEPT AS SPECIFIED IN THE SUBSECTION TITLED “BATCH ARBITRATION”, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection titled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class or Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Company agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in Virginia. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Company from participating in a class-wide settlement of claims.
Attorneys’ Fees and Costs.
The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Company need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Conference, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
Batch Arbitration.
To increase the efficiency of administration and resolution of arbitrations, you and Company agree that in the event that there are 25 or more individual Requests of a substantially similar nature filed against Company by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the JAMS shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award subject to JAMS’s most current version of the Mass Arbitration Procedures, available at https://www.jamsadr.com/mass-arbitration-procedures (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the JAMS, and the JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Company.

You and Company agree to cooperate in good faith with the JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
30-Day Right to Opt Out.
You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following: 7313 Bell Creek Rd., Mechanicsville, Virginia 23111 or [email protected]. Such notice shall be deemed given when received by Company by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.
Invalidity, Expiration.
Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Company as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
Modification.
Notwithstanding any provision in this Agreement to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Company at the following address: 7313 Bell Creek Rd., Mechanicsville, Virginia 23111. Unless you reject the change within thirty (30) days of such change become effective by writing to Company in accordance with the foregoing, your continued use of the Services, including the acceptance of Services offered on the website following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. Company will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.

Accessibility

We are committed to ensuring all functionality and content is accessible to all our customers.

Our ongoing accessibility work conforms toward the Web Content Accessibility Guidelines (WCAG) version 2.1, level AA criteria. These guidelines not only help make web content accessible to users with sensory, cognitive and mobility disabilities, but ultimately to all users, regardless of ability.

If you experience any difficulty in accessing any part of this website, Terms of Use, or you may contact us at [email protected].

Changes to our Terms of Use

We may update our Terms from time to time. The “Last Updated” date at the top of this page indicates when it was last updated. If we make material changes, we will notify you either by email to the most recent email address provided to us, through a pop-up window on our homepages, or through another method as required by law. Any changes will become effective on the “Last Updated” date indicated above.

 Where permitted by applicable law, after we post any changes on this page, your continued use of our website and/or Services following the posting of changes constitutes your acceptance of such changes.

Please consult our Privacy Policy for additional terms and conditions that apply to your use of and access to the website.

Contact Us

If you have any questions or comments about these Terms and Conditions, please contact us as provided below.

Email us at: